The Mudcat Café TM
Thread #111281 Message #2343773
Posted By: JohnInKansas
18-May-08 - 03:26 PM
Thread Name: BS: Indicted: Death By Internet
Subject: RE: BS: Indicted: Death By Internet
I was not aware that a gun was involved in this suicide ... ??
The common law and common statues do NOT PROHIBIT one from using an "alias," "nickname," "handle," or "stage name."
Laws in most places DO PROHIBIT any and all such usage to conceal identity or to pretend to be a different person with the intent to commit fraud or other crimes.
A difficulty in this case is that in most places "bullying" is not a statutory crime, or is so ill-defined in existing laws that prosecution is virtually impossible. When the requirement to "prove" to a jury that there was intent to cause harm is added, even laws that might exist in some places can be extremely difficult to enforce or to prosecute.
I'm afraid I don't see the "dire consequences to internet freedom" being predicted by numerous pundits for this prosecution. When you register to use a site you are making a contract. You are expected to use a "real name" so that it is known who agreed to the contract. This does not preclude your using any "web name" you choose on any sites I've seen, although the contract you agree to could impose some limits. If you violate the terms of the contract the web site has a valid claim against you. IF YOU GAVE A FALSE NAME, that you used to "make the contract" for your participation in the agreement, with the intent to cause harm to the site or to others using it, you ARE GUILTY of CRIMINAL FRAUD, as is clearly punishable under what I've seen of the Federal statute prosecuters are attempting to apply to this case.
I haven't found the full statute being cited (yet), and can see significant difficulties in "making the case" in this instance; but if the statute is as reported there's no great "stretch of logic" in its application here.